Oregon Advisory Opinions December 23, 1946: OAG 46-223 (December 23, 1946)
Collection: Oregon Attorney General Opinions
Docket: OAG 46-223
Date: Dec. 23, 1946
Advisory Opinion Text
OAG 46-223.
To enable veterans of world war II to receive educational benefits under chapter 402, Oregon Laws 1945, they must show that they were residents of Oregon for one year immediately "prior to entrance in service".
Gentlemen: Under date of December 17, 1946, you call my attention to chapter 402, Oregon Laws 1945, relating to educational aid for war veterans of world war II, and request my opinion as to
"whether or not residence requires to be one year prior to entrance into service or one year immediately prior."
Section 1 of chapter 402, Oregon Laws 1945, was originally enacted as § 1, chapter 394, Oregon Laws 1943, "An act to provide educational aid to certain war veterans of world war II, and providing funds therefor," and, so far as pertinent to your question, provides:
"War veterans of world war II who were residents of Oregon for one year prior to entrance in service and who are also residents of Oregon at the time they apply for benefits under this act, and whose application therefor has been approved by the director of veterans' affairs, are hereinafter referred to as beneficiaries. * * *"
It is an elementary rule of statutory construction that in determining the legislative intent the entire statute must be considered and effect given, if possible, to every word, clause and sentence: 2 Sutherland Statutory Construction, 3rd Ed., p. 739. Statutory language must be construed in a sense of accomplishment of the legislative purpose: Santarelli v. Hughes, 116 F. (2d) 613, 617; and the title may be referred to as an aid in determining that intendment: 2 Lewis' Sutherland Statutory Construction (2d), p. 796.
Manifestly, the object sought to be accomplished by this enactment, as set out in its title, was to give "educational aid" not to all, but only to certain war veterans of world war II.
According to Webster's New International Dictionary the adjective "certain", means, among other things, "not to be doubted or denied; established as of fact".
Those "certain war veterans" are specifically designated as "residents of Oregon", and, to enable them to qualify for the benefits provided, two definite facts must be established, namely: (1) that they "were" residents prior to entrance into the service, and had been for one year prior thereto; and "also" (2) that they are residents at the time the application is made for benefits. Both of these facts are essential and both
are required to be established to entitle the applicant to receive benefits.
The answer to your question, therefore, depends upon the meaning of the word "residents" and, as used in this statute, it was held by an opinion of this office, dated August 20, 1946, to be for all practical purposes synonymous with "domicile".
"Domicile" or "habitancy" of a person is that fixed place of abode to which he intends to return habitually when absent: Miller v. Miller, 67 Or. 359, 362; Owens v. Huntling, 115 F. (2d), 160, 162; Opinions of the Attorney General, 1938-1940, p. 124, 1942-1944, p. 215.
On the presumption that the legislature was aware of existing statutes and the rules of statutory construction, the meaning of particular words in a recent statute will have weight; and their meaning may be inferred from earlier statutes in which the same words or language has been used, where the intent was obvious: 2 Lewis' Sutherland Statutory Construction (2d), p. 684.
As stated in 17 Am. Jur., Domicil, § 9, page 593, with reference to the use of the word "residence" to particular matters:
"* * * Generally, * * * it is used to denote something more than mere physical presence. As in construing other statutes, in the construction of legislation using the term 'residence,' the courts primarily look to the legislative purpose as well as the context."
In looking to other statutes of this state where the legislative intent in the use of the word "resident" is obvious, § 104-130, O. C. L. A., as last amended by § 3, chapter 175, Oregon Laws 1943, relating to the world war veterans' state aid commission, subdivision (c) reads thus:
"(c) the words 'resident of the state of Oregon' mean a person having his domicile or fixed place of abode in Oregon;".
Section 110-1402, O. C. L. A., last amended by § 1, chapter 394, Oregon Laws 1933, subdivision 7, reads:
"7. The word 'resident,' for the purpose of determining liability to the tax imposed by this act, means any person domiciled in the state of Oregon and any other person who maintained a place of abode within this state for seven months or more of the tax year."
Section 110-1602, O. C. L. A., last amended by § 1, chapter 488, Oregon Laws 1939, subsection 7, provides:
"7. The word 'resident' applies only to natural persons and includes for the purpose of determining liability to the taxes imposed by this act upon or with reference to the income of any tax year any person domiciled in the state of Oregon, and any other person who maintains a place of abode within the state and spends in the aggregate more than seven (7) months of the tax year within the state."
It appears plainly that the state of Oregon is interested in assisting, not some veterans who may have been residents for any period of a year, so long as it was some time before their entrance into service, but only those who were actually residing within the state, both at the time of entry into service and at the time of making application for benefits. This intent seems to be borne out, not only from the use of the word "also", but from its use together with the verb form "were" in the phrase "who were residents of Oregon for one year prior to entrance".
"Also", according to Webster's New International Dictionary, means, among other things, "in the same manner," and clearly within the meaning of this language the veteran must be actually residing in Oregon at the time he applies, and it seems equally plain that "also", in the same manner, he must have had his fixed place of abode therein at the time of entrance into service.
Had the legislature intended some other period than the year immediately before, it could very easily have used language to clearly express such intention, as it did twelve days before, March 26, 1945, in chapter 224, Oregon Laws 1945, relating to old-age assistance, wherein it provided that:
"* * * any person who has been a resident of the state of Oregon for five years or more within the nine years immediately preceding application for assistance, and for at least one year immediately preceding the date of application, * * *."
From the fact that the funds with which to provide this educational aid must come from a levy of taxes to be made each year in an amount equal to two-tenths of a mill on the dollar of the total value of taxable property of the state (§ 9, chapter 402, supra), it further appears obvious that the benefits from the property owners of the state were intended to be only for the benefit of veterans who were actual residents of the state at the time they began their service, and not those who had at some time or other resided in the state and who might well be termed "spot" residents.
In the recent case of Commonwealth v. Stephens, 28 Atl. (2d) 924, 925, the supreme court of the state of Pennsylvania held that the phrase "four years prior to his election", in a statute of that state requiring that a candidate for office be an elector of the borough for that period, meant immediately prior to his election.
It is my opinion that the phrase "for one year prior to entrance in service", as used in said chapter 402, means immediately prior to entrance into service.